Consumer Affairs and Fair Trading Act

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NORTHERN TERRITORY OF AUSTRALIA CONSUMER AFFAIRS AND FAIR TRADING ACT As in force at 13 July 2005 TABLE OF PROVISIONS Section PART 1 – PRELIMINARY 1. 2. 3. 4. 5. Short title Commencement Extent to which Crown bound Interpretation Meaning of consumer PART 2 – CONSUMER AFFAIRS COMMISSIONER AND COUNCIL Division 1 – Commissioner of Consumer Affairs 6. 7. 8. 9. 10. 11. 12. Appointment of Commissioner Functions of Commissioner Power of Commissioner to obtain information Other powers of Commissioner
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   NORTHERN TERRITORY OF AUSTRALIACONSUMER AFFAIRS AND FAIR TRADING ACTAs in force at 13 July 2005TABLE OF PROVISIONSSectionPART 1 – PRELIMINARY1. Short title2. Commencement3. Extent to which Crown bound4. Interpretation5. Meaning of consumer PART 2 – CONSUMER AFFAIRS COMMISSIONER AND COUNCIL  Division 1 – Commissioner of Consumer Affairs 6. Appointment of Commissioner7. Functions of Commissioner8. Power of Commissioner to obtain information9. Other powers of Commissioner10. Advisory committees11. Delegation12. Annual report  Division 2 – Consumer Affairs Council 13. Establishment of Council14. Membership of Council15. Chairman and Deputy Chairman16. Functions and powers of Council17. Meetings and proceedings of Council and its committeesPART 3 – AUTHORISED OFFICERS18. Authorised officers for purposes of Parts IV to XII19. Requirements as to identity cards and their production20. Powers of entry of authorised officers21. Powers exercisable after entry22. Power to obtain information, documents and evidence23. Offences24. Self-incrimination   iiPART 4 – PRODUCT SAFETY AND PRODUCT INFORMATION  Division 1 – Safety Standards 25. Product safety standards may be prescribed26. Prohibition on supply of goods not complying with safetystandards27. Recovery of money paid for goods not complying with safetystandards  Division 2 – Prohibition of, or restriction on, supply of dangerous goods 28. Investigation of goods by Commissioner29. Power of Commissioner to establish investigation committee30. Power of Minister to prohibit or restrict supply of goods31. Compliance with prohibition or restriction notice32. Recovery of money paid for supply of dangerous goods  Division 3 – Product Recall, &c. 33. Power of Minister to require product recall, &c.34. Ancillary provisions with respect to notices under section 3335. Compliance with notice under section 3336. Special provisions as to notification of recall (includingvoluntary recall)37. Certain amounts recoverable as debt or damages  Division 4 – Product Information 38. Product information standards may be prescribed39. Compliance with product information standard  Division 5 – Miscellaneous 40. Certain action not to affect insurance contractsPART 5 – FAIR TRADING, CONDITIONS AND WARRANTIES IMPLIEDIN CONTRACTS FOR GOODS OR SERVICES, RECOURSE TOMANUFACTURERS, &C.  Division 1 – Prohibition of Unfair Trade Practices 41. Interpretation of Division 142. Misleading or deceptive conduct generally43. Unconscionable conduct in relation to supply of certain goodsor services   iii44. False or misleading representations in relation to goods orservices45. False or misleading representations, and other offensiveconduct, in relation to land46. Misleading conduct in relation to employment47. Certain misleading conduct in relation to goods48. Certain misleading conduct in relation to services49. Misleading representations about certain business activities50. Cash price to be stated in certain circumstances51. Offering gifts and prizes52. Bait advertising53. Referral selling54. Accepting payment without intending or being able to supplyas ordered55. Harassment and coercion56. [Repealed]57. Unsolicited credit and debit cards58. Assertion of right to payment for unsolicited goods or servicesor for making entry in directory59. Liability of recipient of unsolicited goods60. Application of Division 1 to prescribed information providers  Division 1A – Pyramid Selling   60A.   Definitions for Division 1A   60B.   Pyramid selling scheme   60C.   Marketing schemes   60D.   Participation in pyramid selling scheme    Division 2 – Implied Conditions and Warranties in Contract for Goods or Services 61. Interpretation of Division 262. Implied undertakings as to title, encumbrances and quietpossession63. Supply by description64. Implied undertakings as to quality or fitness65. Supply by sample66. Warranties in relation to the supply of services67. Rescission of contract for breach of implied condition68. Application of provisions not to be excluded or modified68A. Limitation of liability in relation to supply of recreationalservices69. Limitation of liability for breach of certain conditions orwarranties   iv70. Conflict of laws71. Convention on contracts for the international sale of goods  Division 3 – Actions against Manufacturers and Importers of Goods 72. Interpretation of Division 373. Actions in respect of unsuitable goods74. Actions in respect of false descriptions75. Actions in respect of goods of unmerchantable quality76. Actions in respect of non-correspondence with samples, &c.77. Actions in respect of failure to provide facilities for repairs orparts78. Actions in respect of non-compliance with express warranty79. Right of seller to recover against manufacturer or importer80. Time for commencing actions81. Application of Division not to be excluded or modified82. Limitation in certain circumstances of liability of manufacturerto seller  Division 4 – Transactions Involving Credit Providers 83. Joint liability of supplier and credit provider for breach of certain contracts84. Meaning of continuing credit contract for purposes of section 8385. Meaning of loan contract for purposes of section 8386. Section 83 not to be excluded or modifiedPART 6 – ENFORCEMENT, &C., OF PART 4 AND PART 5, DIVISIONS 1AND 1A87. Interpretation of Part 688. Offences89. Injunctions90. Order to disclose information or publish advertisement91. Actions for damages92. Finding in proceedings to be evidence93. Conduct by directors, servants or agents94. Defences95. Other orders96. Power of Court to prohibit payment or transfer of money orother property
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